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rT (:4 <br /> With a copy to : With a copy to : <br /> Ruden McClosky P . A . Shubin & Bass , P . A . <br /> 222 Lakeview Avenue , Suite 800 46 S . W . I " Street , 3 `d Floor <br /> West Palm Beach , FL 33401 Miami , FL 33130 <br /> Attn : Steven R . Parson , Esq . Attn : Juan J . Farach , Esq . <br /> 6 . Attorneys ' Fees and Costs : Except as provided for in Section 11 herein , each party <br /> to this Settlement Agreement shall bear their own attorneys ' fees and costs in relation to this <br /> Settlement Agreement , the Lawsuit and the Bert Harris Claim . <br /> 7 . Entire Agreement : Except as otherwise indicated herein , the parties agree that this <br /> Settlement Agreement and the attached Exhibits constitute the entire agreement between the parties <br /> executed by them for the purposes of settling and resolving all claims between them which were <br /> asserted in the Lawsuit . <br /> 8 . Advice and Authority of Counsel : The parties acknowledge that each has had the <br /> benefit of counsel and full and free access to counsel in connection with the negotiation and <br /> execution of this Settlement Agreement , that each has consulted with counsel in connection with this <br /> Settlement Agreement , and that each has had the opportunity , prior to execution , to read this <br /> Settlement Agreement and fully understand all of its provisions . Should any provision in this <br /> Settlement Agreement require judicial or quasi -judicial interpretation it is agreed that a Court or <br /> other dispute resolution forum interpreting or enforcing the same shall not apply a presumption that <br /> the terms hereof shall be more strictly construed against any party by reason of the rule construction <br /> that a document is to be construed more strictly against the party who itself or through its agent has <br /> prepared the same . The parties agree that this Settlement Agreement is the product and result of a <br /> joint effort . <br /> 9 . Governin14 Law : This Settlement Agreement shall be construed in accordance with <br /> and governed by the laws of the State of Florida . The Circuit Court in and for Indian River County , <br /> Florida , shall have sole jurisdiction over any dispute or in relation to any determination of the <br /> respective right(s ) of the parties in accordance with this Settlement Agreement and enforcing this <br /> Settlement Agreement . <br /> 10 . Binding Effect ; Assignability : This Settlement Agreement is fully binding upon and <br /> shall inure to the benefit of the successors , permitted assigns , transferees , agencies and <br /> representatives of the parties hereto . Any reference to any of the parties hereto includes their <br /> successors , permitted assigns , transferees , agencies and representatives . This Settlement Agreement <br /> shall be freely assignable by DiVosta to an entity who becomes the successor developer under the <br /> Development Order . <br /> 11 . Claims as to the Settlement Agreement : In the event a claim is brought or action is <br /> commenced by any person seeking to invalidate any provision of this Settlement Agreement then , in <br /> such event the parties hereto agree to cooperate fully with one another for the purpose of upholding <br /> the terms of this Settlement Agreement . In the event there is any breach of this Settlement Agreement <br /> or any litigation between the parties arising out of or connected with this Settlement Agreement, the <br /> RM : 6637905 : 11 <br /> 4 <br />